Legal Question in Criminal Law in California
Search warrants
If a search warrant is served on someone and the items listed are NOT found in the home but other things are (such as drugs & paraphenalia)can these items be confiscated and charges brought against the person residing in the home or is this considered an illegal search?
Asked on 3/18/02, 2:02 pm
2 Answers from Attorneys
Victor Hobbs
Victor E. Hobbs
Re: Search warrants
No! If the search warrant is for an elephant, and drug paraphanalia is found, the search is legal. There may be many reasons that the search warrant for the elephant is illegal. If that's the case. Then the stuff that's found is found illegally.
Answered on 3/18/02, 3:11 pm
David Diamond
Diamond & Associates
Re: Search warrants
If the authorities searched an area that was not listed, the items found in that area are not applicable.
Answered on 3/18/02, 3:13 pm
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